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(영문) 대전지방법원 논산지원 2018.08.10 2018고단298

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of three million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

[criminal history] On August 18, 2005, Defendant A was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act in the Daejeon District Court Seosan, etc. On September 18, 2009, Defendant A was sentenced to a summary order of 3,000,000 won for a crime of violating the Road Traffic Act (driving) at the same court on September 18, 2009, Defendant A was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act (driving), and on July 9, 2010, Defendant A was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving), and on February 18, 2014, Defendant A was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act (driving) at the same court.

[Criminal facts]

1. Defendant A is a person who is engaged in driving a Category II cargo vehicle.

On March 19, 2018, the Defendant driven the cargo while under the influence of 0.114 percent of alcohol during blood alcohol concentration at around 08:40 on March 19, 2018, and led to the flow of the road in front of the 247 Musan Educational Agency to the flow distance from the far-distance distance.

A person engaged in driving service has a duty of due care, such as driving according to the structure and performance of the vehicle, and operating the steering system, brake system, and other devices of the vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to drive in a state where it is difficult for the Defendant to drive in a normal manner and neglected to do so, took the part of the victim E-driving FK3 car prior to the Defendant’s vehicle like the above cargo vehicle of the Defendant in front of the above cargo vehicle of the Defendant in front of the above cargo vehicle of the Defendant in front of the said victim. The Defendant got a part of B-driving G K3 vehicle behind the said victim’s vehicle in front of the said vehicle.

Ultimately, the Defendant suffered injury to the victim, such as light oil, fluoral salt, etc., which requires approximately three weeks of medical treatment, due to such occupational negligence.

2. Defendant B: (a) around 08:40 on March 19, 2018, the two kilometers from around 289 to around 2,000 to around 2,000 to around 2,00,000 in the center of Seosan-si.